# Smt. Deepika Tiwari v. State of U.P. & Ors. 1032 INDIAN LAW REPORTS ALLAHABAD SERIES

- **Citation:** (2025) 9 ILRA 1031
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-09-18
- **Case number:** Writ - A No. 10799 of 2025
- **Bench:** Abdul Moin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/smt-deepika-tiwari-v-state-of-u-p-ors-1032-indian-law-reports-allahabad-series-53850
- **Pages:** 8

## Headnote

daughter-in-law of deceased, an Assistant
Teacher who died in harness, in terms of the
Regulations 103 to 107 of Section 16G of the
Act, 1921?

Headnotes
A.
Service
Law
-
U.P.
Intermediate
Education Act, 1921: Regulations 103 to
107 u/s 16G of the Chapter III - It is
settled
proposition
of
law
that
compassionate appointment is to be made
in accordance with the rules. Once the
rules themselves do not contemplate the
situation as has arisen in the instant case
and obviously there cannot be a situation
where a person claiming himself to be a
dependant on the basis of subsequent
events
stakes
his
claim
for
being
appointed on compassionate grounds and
thus clearly, such a claim would not be
covered under the aforesaid regulations.
(Para 26)

Explanation to Regulation 103 provides
that 'member of the family' would also
include a widowed daughter-in-law. At the
first blush, it appears that the petitioner in the
capacity of being the widowed daughter-in-law
of
Smt
Sangeeta
Bajpai
is
eligible
for
compassionate appointment. (Para 19, 20)

From the perusal of the Regulation 104,
which
provides
that
within
7
days
of
occurrence of death, the Management or the
Principal or the Headmaster of the recognized
aided institution shall submit a report to the
Inspector which shall include the name of the
deceased employee, the post held, the pay
scale, the date of appointment, the date of
death, the name of the appointing institution
and the names of the members of his/her
family
along
with
their
educational
qualification, age etc. (Para 22)
Regulation 105 provides that a member of the
family of the deceased employee, as specified in
Regulation 104, shall submit an application to
the
concerned
Inspector
for
appointment
according to the qualification to the post of
Assistant Teacher or to the post of non-teaching
cadre which has to be considered in accordance
with the provisions of Regulation 106 by the
Committee. (Para 23)

Thus, it is apparent that member of the
family of the deceased employee would
have to be read in accordance with the
Regulations 104 & 105 which ordains the
matter
to
be
processed
w.r.t.
the
submission of the report within 7 days of
the occurrence of the death. (Para 24)

Smt Sangeeta Bajpai died in harness on
23.04.2021. At that stretch of time, son of Smt
Sangeeta Bajpai namely Shri Nikhil Bajpai was
not married. The marriage is only said to have
taken place on 15.02.2023 i.e. subsequent to
the death of Smt Sangeeta Bajpai. Shri Nikhil
Bajpai staked his claim for compassionate
appointment but the same was rejected and he
died even before he could challenge the same.
The
petitioner
staked
her
claim
for
compassionate appointment on the basis
of being the widowed daughter-in-law but
incidentally on the date of death of Smt
Sangeeta Bajpai, the petitioner was not
the daughter-in-law of Smt Sangeeta
Bajpai, the marriage itself having taken
place almost two years from the death of
Smt Sangeeta Bajpai. Thus, it is apparent
that
the
petitioner
by
no
stretch
of
imagination could be considered to be the
widowed
daughter-in-law
of
Smt
Sangeeta Bajpai so as to fall within the
ambit of being 'member of the family' as
provided u/Regulation 103 to be entitled
for being appointed on compassionate
grounds. (Para 21)

B.
Mere
fact
that
the
order
for
compassionate appointment in favour of
the petitioner had been issued, which has
now been withdrawn by means of the
order impugned would not take away the
inadmissibility of the petitioner for being
appointed on compassionate grounds.
(Para 27)
9 All. Smt. Deepika Tiwari Vs. State of U.P. & Ors.
1033
Writ petition dismissed. (E-4)

List of Acts
U.P. Intermediate Education Act, 1921.

List of Keywords
Service, compassionate appointment.

Appearances for Parties
For Appellant: Sanjay Misra, Pratyush Mishra
For Respondent: C.S.C.

## Text

9 All. Smt. Deepika Tiwari Vs. State of U.P. & Ors.
1031
incident to issuance of chargesheet, it would be virtually impossible for
petitioner to garner documents and
evidence in his support.

21. In view of discussion made
herein above, it being evident that the only
allegation leveled against petitioner is of
negligence, which does not amount to
misconduct as also for unexplained delay in
initiation of departmental proceedings, the
same are clearly vitiated for being against
judgements
propounded
by
Hon'ble
Supreme Court as indicated herein above.

22. Since it is on record that the
charge-sheet dated 24.05.2023 already
stands withdrawn with issuance of a fresh
charge-sheet dated 14.11.2024/26.11.2024,
there is no requirement to quash the same.
Consequently the departmental proceedings
initiated against petitioner in pursuance of
charge-sheet dated 26.11.2024 is hereby
quashed by issuance of a writ in the nature
of certiorari.

23. The orders dated 31.12.2022 and
23.02.2023 granting approval for initiation of
departmental proceedings against petitioner
are resultantly quashed by issuance of a writ in
the nature of certiorari.

24. Resultantly, the Writ Petition
No.9033 of 2024 succeeds and is allowed.

25. Parties to bear their own costs.

26. So far as Writ-A No.6566 of
2023 is concerned, it has been filed seeking
only direction to the opposite parties to
promote petitioner from the post of Deputy
Superintendent of Police to the post of
Additional Superintendent of Police (Pay
Scale of Rs. 15600-39100, Grade Pay
Rs.7600/- revised pay scale Matrix Pay
Level-12
Rs.78800-209200)
with
all
consequential benefits w.e.f. 7.1.2022 to
13.01.2023, from the date, when similarly
situated persons/juniors to the petitioner were
promoted
on
the
post
of
Additional
Superintendent of Police.

27. In view of Writ-A No.9033 of
2024 being allowed, liberty is granted to
petitioner to make a fresh representation
before opposite party no.1 i.e. State of U.P.
through Principal Secretary,Department of
Home (Police Services) Government of
U.P.,
Civil
Secretariat,
Lucknow
to
consider and decide petitioner's grievance
as indicated herein above.

28. Learned counsel for petitioner
submits that salary for suspension period i.e.
from 1 July, 2020 till 12 April 2021 has already
been granted and therefore no directions with
regard to same are required to be made.

29. Appropriate orders with regard
to directions issued hereinabove shall be
ensured within a period of eight weeks
from the date a certified copy of this order
is served upon the said authority.

30. With the aforesaid directions,
Writ
Petition
No.6566
of 2023
is
accordingly disposed of.
----------
(2025) 9 ILRA 1031
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 18.09.2025

BEFORE

THE HON'BLE ABDUL MOIN, J.

Writ - A No. 10799 of 2025

Smt. Deepika Tiwari ...Petitioner
Versus
State of U.P. & Ors. ...Respondents
1032 INDIAN LAW REPORTS ALLAHABAD SERIES
Counsel for the Petitioner:
Sanjay Misra, Pratyush Mishra

Counsel for the Respondents:
C.S.C.

Issues for consideration
Whether the petitioner falls within the ambit of
being a dependant in the capacity of widowed
daughter-in-law of deceased, an Assistant
Teacher who died in harness, in terms of the
Regulations 103 to 107 of Section 16G of the
Act, 1921?

Headnotes
A.
Service
Law
-
U.P.
Intermediate
Education Act, 1921: Regulations 103 to
107 u/s 16G of the Chapter III - It is
settled
proposition
of
law
that
compassionate appointment is to be made
in accordance with the rules. Once the
rules themselves do not contemplate the
situation as has arisen in the instant case
and obviously there cannot be a situation
where a person claiming himself to be a
dependant on the basis of subsequent
events
stakes
his
claim
for
being
appointed on compassionate grounds and
thus clearly, such a claim would not be
covered under the aforesaid regulations.
(Para 26)

Explanation to Regulation 103 provides
that 'member of the family' would also
include a widowed daughter-in-law. At the
first blush, it appears that the petitioner in the
capacity of being the widowed daughter-in-law
of
Smt
Sangeeta
Bajpai
is
eligible
for
compassionate appointment. (Para 19, 20)

From the perusal of the Regulation 104,
which
provides
that
within
7
days
of
occurrence of death, the Management or the
Principal or the Headmaster of the recognized
aided institution shall submit a report to the
Inspector which shall include the name of the
deceased employee, the post held, the pay
scale, the date of appointment, the date of
death, the name of the appointing institution
and the names of the members of his/her
family
along
with
their
educational
qualification, age etc. (Para 22)
Regulation 105 provides that a member of the
family of the deceased employee, as specified in
Regulation 104, shall submit an application to
the
concerned
Inspector
for
appointment
according to the qualification to the post of
Assistant Teacher or to the post of non-teaching
cadre which has to be considered in accordance
with the provisions of Regulation 106 by the
Committee. (Para 23)

Thus, it is apparent that member of the
family of the deceased employee would
have to be read in accordance with the
Regulations 104 & 105 which ordains the
matter
to
be
processed
w.r.t.
the
submission of the report within 7 days of
the occurrence of the death. (Para 24)

Smt Sangeeta Bajpai died in harness on
23.04.2021. At that stretch of time, son of Smt
Sangeeta Bajpai namely Shri Nikhil Bajpai was
not married. The marriage is only said to have
taken place on 15.02.2023 i.e. subsequent to
the death of Smt Sangeeta Bajpai. Shri Nikhil
Bajpai staked his claim for compassionate
appointment but the same was rejected and he
died even before he could challenge the same.
The
petitioner
staked
her
claim
for
compassionate appointment on the basis
of being the widowed daughter-in-law but
incidentally on the date of death of Smt
Sangeeta Bajpai, the petitioner was not
the daughter-in-law of Smt Sangeeta
Bajpai, the marriage itself having taken
place almost two years from the death of
Smt Sangeeta Bajpai. Thus, it is apparent
that
the
petitioner
by
no
stretch
of
imagination could be considered to be the
widowed
daughter-in-law
of
Smt
Sangeeta Bajpai so as to fall within the
ambit of being 'member of the family' as
provided u/Regulation 103 to be entitled
for being appointed on compassionate
grounds. (Para 21)

B.
Mere
fact
that
the
order
for
compassionate appointment in favour of
the petitioner had been issued, which has
now been withdrawn by means of the
order impugned would not take away the
inadmissibility of the petitioner for being
appointed on compassionate grounds.
(Para 27)
9 All. Smt. Deepika Tiwari Vs. State of U.P. & Ors.
1033
Writ petition dismissed. (E-4)

List of Acts
U.P. Intermediate Education Act, 1921.

List of Keywords
Service, compassionate appointment.

Appearances for Parties
For Appellant: Sanjay Misra, Pratyush Mishra
For Respondent: C.S.C.

(Delivered by Hon'ble Abdul Moin, J.)

1. Heard.

2. Under challenge is the order dated
21.08.2025, a copy of which is Annexure-1
to the petition, whereby the appointment
order of the petitioner on compassionate
grounds vide orders dated 23.05.2025 and
29.05.2025 has been cancelled.

3. From the arguments as raised by
the learned counsel appearing for the
petitioner and perusal of the record, it
emerges that one Smt Sangeeta Bajpai who
was working as Assistant Teacher died in
harness on 23.04.2021. At that stretch of
time, the petitioner was an unmarried lady.

4. Subsequently
the
petitioner
claims to have got married with the son of
Smt Sangeeta Bajpai namely Shri Nikhil
Bajpai on 15.02.2023.

5. Son of Smt Sangeeta Bajpai had
staked
his
claim
for
compassionate
appointment
but
his
claim
for
compassionate appointment was rejected
on certain grounds. Even before the said
order could be challenged by the husband
of the petitioner namely Nikhil Bajpai, he
died on 13.05.2023.

6. In the year 2024, the petitioner
filed Writ A No.4738 of 2024 claiming
compassionate appointment on account of
the death of the mother-in-law Smt
Sangeeta Bajpai. This Court vide judgment
and order dated 19.06.2024, a copy of
which is Annexure-3 to the petition,
directed the respondents to consider the
representation of the petitioner.

7. In pursuance thereof the claim of
the petitioner was considered but rejected
on certain grounds vide order dated
10.10.2024, a copy of which is Annexure-4
to the petition.

8. Being aggrieved with the said
order, the petitioner filed Writ A No.10461
of 2024 and this Court vide judgment and
order dated 03.03.2025, a copy of which is
Annexure-2 to the petition, set aside the
said order and directed the respondents to
consider the claim of the petitioner afresh.

9.
In
pursuance
thereof
the
respondent No.3 issued the appointment
order dated 23.05.2025 and a corrected
order dated 29.05.2025, copies of which are
Annexure-6 to the petition whereby the
petitioner was appointed on the post of
Assistant Teacher (Geology) on the basis of
the report of the Regional Committee. The
said
appointment
order
was
issued
considering the provisions of Regulations
103 to 107 under Section 16G of the
Chapter III of U.P. Intermediate Education
Act, 1921 (hereinafter referred to as 'the
Act, 1921').

10. The respondent No.3 also
directed the respondent No.4 to allow the
petitioner to join on the post of Assistant
Teacher
after
verifying
the
original
documents.

11. The respondent No.4 raised an
objection to the appointment of the
1034 INDIAN LAW REPORTS ALLAHABAD SERIES
petitioner vide the letter dated 16.06.2025
indicating that the petitioner is not the
dependent of Smt Sangeeta Bajpai.

12. In pursuance thereof the
D.I.O.S. has passed the impugned order
dated 21.08.2025 whereby the appointment
order of the petitioner dated 23.05.2025 as
corrected
on
29.05.2025
has
been
cancelled.

13. Being aggrieved the instant
petition has been filed.

14. Argument of the learned
counsel for the petitioner is that the
D.I.O.S. has patently erred in cancelling the
appointment orders as issued by him earlier
on the basis of the objections raised by the
respondent No.4 by indicating that the
petitioner cannot be considered to be a
dependent of Smt Sangeeta Bajpai rather
the Regulations 103 to 107 themselves
provide for appointment of the widowed
daughter-in-law on compassionate grounds
and thus it is prayed that the said order be
set aside with a further direction to the
respondents to allow the petitioner to work
on the post of Assistant Teacher in
pursuance of the appointment letters issued
earlier.

15. Having heard learned counsel
for the petitioner and having perused the
record, it emerges that the petitioner
staked her claim for compassionate
appointment on the basis of being the
widowed
daughter-in-law
of
Smt
Sangeeta Bajpai. Though the appointment
letters had been issued appointing the
petitioner on compassionate ground on
23.05.2025 as corrected on 29.05.2025
yet upon an objection being raised by the
Institution the said orders have been
cancelled.
16. Whether the petitioner falls
within the ambit of being a dependant in
the capacity of widowed daughter-in-law of
Smt Sangeeta Bajpai, an Assistant Teacher
who died in harness on 23.04.2021 in terms
of the Regulations 103 to 107 of Section
16G of the Act, 1921 is to be considered.

17. For the sake of convenience,
Regulations 103 to 107 are reproduced
below:-

 103-
In
case
an
employee,
whether a teaching or non-teaching staff
member, of a recognized aided institution
(including a minority institution), who has
been
duly
appointed
following
the
prescribed procedure, dies in harness and
the husband or wife (as the case may be) of
the deceased employee is not already
employed under the Central Government or
a State Government or a Corporation
owned or controlled by the Central
Government or a State Government then
one member of his/her family who is not
already
employed
under
the
Central
Government or a State Government or a
Corporation owned or controlled by the
Central Government or a State Government
and who is not below 18 years of age, may
be appointed either as a teacher in the
Trained Graduate category or on a nonteaching post, if such person:-

 (One) fulfills the educational or
training qualifications prescribed for the
post,

Provided
further
that
if
appointment is made to such a post for
which Computer Operation and Typing has
been
prescribed
as
a
mandatory
qualification and the dependent of the
deceased employee does not possess the
requisite
proficiency
in
Computer
9 All. Smt. Deepika Tiwari Vs. State of U.P. & Ors.
1035
Operation and Typing then he shall be
appointed to the post subject to the
condition that within one year he shall
obtain the ?CCC? Certificate in Computer
Operation awarded by DOEACC Society or
any other certificate recognized by the
Government equivalent thereto and also
attain the required speed of 25 words per
minute in Hindi typing and 30 words per
minute in English typing, and if he fails to
do so, his general annual increment shall be
withheld and an additional period of one
year shall be granted to acquire the
requisite certificate in Computer Operation
and the required typing speed, and if, even
within the extended period, he fails to
acquire the required certificate in Computer
Operation and required typing speed, his
services shall be terminated.

 (Two) is otherwise qualified for
Government service.

 Explanation:- For the purposes of
this Regulation, the term (c)-members of
the family?-of the deceased Government
servant
shall
include
the
following
relatives:-

 (one) wife or husband

 (two) son or adopted son

 (three)
daughters
(including
adopted daughters) and widow daughtersin-law

 (four)
deceased
Government
servant's dependent unmarried brother,
unmarried sister and widow mother, if the
deceased
Government
servant
was
unmarried

 (five)
the
aforementioned
relatives of a missing Government servant
who has been declared dead by a competent
court.

 "Provided that if no person from
among the aforementioned relatives of the
deceased Government servant is available
or if such a person is found to be physically
or mentally unsuitable and thus be
ineligible
for
appointment
under
Government service, then, only in such a
case, the term ?family? shall also include
the dependent grandsons and unmarried
granddaughters
of
the
deceased
Government servant."

 104- Within seven days of the
occurrence of death, the Management or
the Principal or the Headmaster, as the case
may be, of the recognized aided institution
shall submit a report to the Inspector which
shall include the name of the deceased
employee, the post held, the pay scale, the
date of appointment, the date of death, the
name of the appointing institution and the
names of the members of his/her family
along with their educational qualification,
age etc. The Inspector shall record the
particulars of the deceased employee in a
register maintained by him.

 105- A member of the family of
the deceased employee, as specified in
Regulation 104, shall submit an application
to the concerned Inspector for appointment
according to the qualification, either to the
post of Assistant Teacher or to a post in
non-teaching cadre. The Committee shall
consider the application and after the
Committee recommends his appointment,
the application shall be forwarded to the
Management
or
the
Principal
or
Headmaster, as the case may be, of the
institution where the applicant is to be
appointed
in
accordance
with
the
provisions of Regulation 106, for issuance
1036 INDIAN LAW REPORTS ALLAHABAD SERIES
of the appointment order. The committee
shall include the following:?

 1- District Inspector of Schools-
Chairman

 2- Finance and Accounts Officer
(Secondary Education) - Member

 3-
Senior-most
Principal,
Government Inter College / Government
Girls? Inter College- Member

 Provided
that
where
the
dependent of the deceased employee
applies for appointment after the expiry of
five years from the date of death and the
State Government is satisfied that an undue
hardship arises in a particular case due to
prescribed time limit for making an
application for employment, it may exempt
or relax such requirements as it deems
necessary to proceed in that case in a just
and equitable manner:

 Provided further that for the
purpose of aforementioned proviso, the
concerned person shall explain the reasons
and furnish adequate justification in writing
for the delay in applying for appointment
after expiry of the prescribed time limit,
along with necessary documents/evidence
in
support
of
such
delay
and
the
Government shall take appropriate decision
after considering all facts related to the
reasons of delay.

 106? The appointment of a family
member of the deceased employee shall, so
far as possible, be made in the same
institution where the deceased employee
was serving at the time of his death. If there
be no vacancy of Assistant Teacher or in
non-teaching cadre in such institution then
he shall be appointed in any other
recognized aided institution of the district
where such vacancy is available.

 Provided that if no such vacancy
exists in any recognized aided institution of
the concerned district at that time then the
case shall be referred to the Divisional
Committee by the District Committee and
the dependent of the deceased employee
shall be appointed against a vacancy
available in the Division.

 Provided further that if no post be
vacant at the Division level or if the
dependent of the deceased employee seeks
appointment in another Division then the
case shall be referred to the Directorate,
where it shall be considered by a
Committee constituted at the Directorate
level consisting the following:?

 1-
Additional
Director
of
Education (Secondary) ? Chairman

 2- Joint Director of Education
(Finance) ? Member

 3- Deputy Director of Education
(Secondary?2/Secondary?3) - Member

 In the event of concurrence,
following consideration by the Committee
constituted at the Directorate level, the
concerned District Committee shall be
authorized to make appointment against the
vacancy reported from the districts.

 107-
The
recognized
aided
institution, to which the application has
been forwarded by the Inspector for
issuance of the appointment order, shall
issue the appointment letter within one
month from the date of receipt of
application and inform the Inspector. If the
appointment letter is not issued by the
9 All. Smt. Deepika Tiwari Vs. State of U.P. & Ors.
1037
inspector within the prescribed period
without reasonable grounds, the Director of
Education shall take appropriate action
against
the
Inspector
on
receipt
of
representation.

 (Translation by Court)

18. From a perusal of the aforesaid
Regulations, it emerges that where an
employee, whether a teaching or non
teaching staff dies in harness then the
husband or wife of the deceased employee
can
be
appointed
on
compassionate
grounds provided he fulfills the educational
or teaching qualifications prescribed for the
post.

19. Explanation to Regulation 103
provides that 'member of the family' would
also include a widowed daughter-in-law.

20. At the first blush, it appears
that the petitioner in the capacity of being
the widowed daughter-in-law of Smt
Sangeeta
Bajpai
is
eligible
for
compassionate appointment.

21. However, the facts of the
instant case are otherwise. Smt Sangeeta
Bajpai died in harness on 23.04.2021. At
that stretch of time, son of Smt Sangeeta
Bajpai namely Shri Nikhil Bajpai was not
married. The marriage is only said to have
taken place on 15.02.2023 i.e. subsequent
to the death of Smt Sangeeta Bajpai. Shri
Nikhil
Bajpai
staked
his
claim
for
compassionate appointment but the same
was rejected and he died even before he
could challenge the same. The petitioner
staked
her
claim
for
compassionate
appointment on the basis of being the
widowed daughter-in-law but incidentally
on the date of death of Smt Sangeeta
Bajpai, the petitioner was not the daughterin-law of Smt Sangeeta Bajpai, the
marriage itself having taken place almost
two years from the death of Smt Sangeeta
Bajpai. Thus, it is apparent that the
petitioner by no stretch of imagination
could be considered to be the widowed
daughter-in-law of Smt Sangeeta Bajpai so
as to fall within the ambit of being 'member
of the family' as provided under Regulation
103 to be entitled for being appointed on
compassionate grounds.

22. This would also amply clear
from the perusal of the Regulation 104,
which provides that within 7 days of
occurrence of death, the Management or
the Principal or the Headmaster of the
recognized aided institution shall submit a
report to the Inspector which shall include
the name of the deceased employee, the
post held, the pay scale, the date of
appointment, the date of death, the name of
the appointing institution and the names of
the members of his/her family along with
their educational qualification, age etc.

23. Regulation 105 provides that a
member of the family of the deceased
employee, as specified in Regulation 104,
shall
submit
an
application
to
the
concerned
Inspector
for
appointment
according to the qualification to the post of
Assistant Teacher or to the post of non
teaching cadre which has to be considered
in accordance with the provisions of
Regulation 106 by the Committee.

24. Thus from perusal of the
aforesaid Regulations, it is also apparent
that member of the family of the deceased
employee would have to be read in
accordance with the Regulations 104 & 105
which ordains the matter to be processed
with regard to the submission of the report
within 7 days of the occurrence of the
1038 INDIAN LAW REPORTS ALLAHABAD SERIES
death. Death of Smt Sangeeta Bajpai
having occurred on 23.04.2021 and the
petitioner having got married with the son
of Smt Sangeeta Bajpai almost 2 years later
on 15.02.2023 would thus clearly take
away the petitioner from the ambit of
'member of family' as defined in Regulation
103 of the Regulations.

25. The matter could have been
otherwise had the son of Smt Sangeeta
Bajpai i.e. the husband of the petitioner
being appointed on compassionate grounds
on account of death of Smt Sangeeta Bajpai
and after his death, the petitioner could
have staked her claim for being appointed
on compassionate grounds but the facts are
otherwise.

26. It is settled proposition of law
that compassionate appointment is to be
made in accordance with the rules. Once
the rules themselves do not contemplate the
situation as has arisen in the instant case
and obviously there cannot be a situation
where a person claiming himself to be a
dependant on the basis of subsequent
events stakes his claim for being appointed
on compassionate grounds and thus clearly,
such a claim would not be covered under
the aforesaid regulations.

27. Mere fact that the order for
compassionate appointment in favour of the
petitioner had been issued, which has now
been withdrawn by means of the order
impugned would not take away the
inadmissibility of the petitioner for being
appointed
on
compassionate
grounds
keeping in view the discussion made above.

28. In view of the aforesaid
discussion, the writ petition fails and is
dismissed.
----------
(2025) 9 ILRA 1038
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 10.09.2025

BEFORE

THE HON'BLE MRS. MANJU RANI
CHAUHAN, J.

Writ - A No. 12336 of 2025

Pankaj Mathur ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Arpit Agarwal, Rahul Saxena

Counsel for the Respondents:
C.S.C., Shashi Kant Srivastava

Issues for consideration
 Whether an employer is justified in cancelling
an appointment, obtained on the basis of
misrepresentation, without holding a detailed
departmental inquiry?

Headnotes
A. Service Law - U.P. Intermediate
Education Act, 1921: Clause 17(1)(2),
Clause
19(9)
-
It
is
a
settled
proposition
of
law
that
any
appointment secured on the basis of
fraud,
concealment
or
misrepresentation does not confer any
legal right upon the incumbent. Fraud
vitiates every solemn act. Honesty and
integrity are the basic requirements for
public employment, and suppression of
material
information
or
misrepresentation would render the
appointment invalid. (Para 26, 29)

The petitioner, having obtained appointment by
misrepresentation of facts and by playing fraud
upon the authorities, cannot be permitted to
retain
the
fruits
of
such
illegality.
His
appointment, being tainted from the very
inception, is void ab initio and non est in the
eyes of law. (Para 22)